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Benjamin James Fischer to string of stealing, driving offences in Caloundra Magistrates Court

A Sunshine Coast man who received bail after breaking into a Birtinya building decided to break into the same property less than 24 hours after he got out of police custody.

Australia's Court System

A Sunshine Coast man has been sentenced for a string of stealing offences after he broke into the same building he’d previously stolen items from less than 24 hours after being granted bail, a court heard.

Benjamin James Fischer, 34, pleaded guilty in Caloundra Magistrates Court on July 14, 2022, to 24 offences, including six counts of entering a premise and stealing, drug possession, driving while disqualified, unlawful use of a motor vehicle and other driving offences.

The court heard between July 2021 and April 2022 Fischer had broken into several properties across the Coast and stole personal items worth more than $10,000 in total, ranging from a scooter, a motorcycle wheel, a leaf blower and a mountain bike.

One of the properties Fischer targeted in Birtinya became his spot of choice, after he broke into the same building 24 hours after being released on similar charges for the same type of offending at the building.

Fischer’s solicitor, Braden Milburn, said his client’s criminal history only started about five years ago when he started associating with some “bad eggs”.

“He felt it was right to just own up and do the right thing (by pleading guilty) instead of wasting the court’s time,” Mr Milburn said.

Magistrate Raelene Ellis said Fischer’s offending only stopped when he was in custody.

“A significant aggregating feature is not only the continued offending while you were on bail but the particular offending on March 22, 2022, because the day before that you were released on bail and within 24 hours later you were out breaking into the same address at Birtinya where you’d already committed other offences,” she said.

“I hope you’re genuine in your remorse and we don’t see you back before court.”

Fischer was given a head sentence of 15 months’ jail with a parole eligibility date set for September 3, 2022.

He was also disqualified from driving for two years and three months.

Original URL: https://www.couriermail.com.au/news/queensland/sunshine-coast/police-courts/benjamin-james-fischer-to-string-of-stealing-driving-offences-in-caloundra-magistrates-court/news-story/c0e8e34c90171c92bc37419498a996bb